EB-2 NIWSoftware engineeringIndividualDecided January 2024Dismissed
Outcome: Dismissed
JAN032024_03B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Software developer and color management technology inventor sought NIW as EB-2 advanced degree holder. Claimed endeavor had substantial merit and national importance. AAO affirmed denial, finding endeavor lacked national importance; impact limited to employer and industry partners without demonstrating significant prospective economic benefits or job creation.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
- Merit and national importance · Director found substantial merit but not national importance; AAO agreed endeavor lacks national importance, limited to employer and clients
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Director found substantial merit but not national importance; AAO agreed endeavor lacks national importance, limited to employer and clients |
 Well positioned | Not reached / not discussed | First prong failed; second prong not reached per Bagamasbad |
 Balance favors a waiver | Not reached / not discussed | First prong failed; third prong not reached per Bagamasbad |
A published decision describes one case. It is not legal advice and not a prediction for yours.